Such appointments need no confirmation On May 12 CJ received from Malaca\u00f1ang

Such appointments need no confirmation on may 12 cj

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Such appointments need no confirmation. On May 12, CJ received from Malacañang, the appointments of the 2 Judges of the RTC mentioned. Considering the pending proceedings and deliberations on this matter, the Court resolved by refraining the appointees from taking their oaths. However, Judge Valenzuela took oath in May 14, 1998 claiming he did so without knowledge on the on-going deliberations. It should be noted that the originals of the appointments for both judges had been sent to and received by the CJ ANNY YANONG Page 17
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EXECUTIVE DEPARTMENT on May 12 and is still in the latter’s office and had not been transmitted yet. According to Judge Valenzuela, he did so because of the May 7 Malacañang copy of his appointment. In construing Article 7 and 8: when there are no presidential elections, Art. 8 shall apply where vacancies in SC shall be filled within 90 days otherwise prohibition in Art. 7 must be considered where the President shall not make any appointments. According to Fr. Bernas, the reason for prohibition is in order not to tie the hands of the incoming Pres through midnight appointments. Issue: whether, during the period of the ban on appointments imposed by Section 15, Article VII of the, Constitution, the President is nonetheless required to fill vacancies in the judiciary, in view of Sections 4(1) and 9 of Article VIII; whether he can make appointments to the judiciary during the period of the ban in the interest of public service. Held: The provisions of the Constitution material to the inquiry at bar read as follows: 3 Sec. 15, Article VII: Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. Sec. 4 (1), Article VIII : The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof. Sec. 9, Article VIII : The members of the Supreme Court and judges in lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for, every vacancy. Such appointments need no confirmation. For the lower courts, the President shall issue the appointments within ninety days from the submission of the list . During the period stated in Section 15. Article VII of the Constitution — “(t)wo months immediately before the next presidential elections and up to the end his term” — the President is neither required to make appointments to the courts nor allowed to do so; and that Sections 4(1) and 9 of Article VIII simply mean that the President is required to fill vacancies in the courts within the time frames provided therein unless prohibited by Section 15 of Article VII. It is not noteworthy that the prohibition on appointments comes into effect only once every six years.
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